family-use doctrine (Mississippi) · Go Syfert
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family-use doctrine in Mississippi

15 Mississippi opinions name it 2 courts 2007–2026 4 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Stewart v. Stewartgreen
miss · 2003 · cited in 7 Mississippi opinions naming this issue, 2009–2026
2 sentences

2026Ct. App. 2009) (citing Stewart v. Stewart, 864 So. 2d 934, 938-39 (¶16) (Miss. 2003))).

2023See, e.g., Stewart v. Stewart, 864 So. 2d 934, 938 (¶13) (Miss. 2003) (family-use doctrine converted family home to marital property); Boutwell v. Boutwell, 829 So. 2d 1216, 1221 (¶17-23) (Miss. 2002) (same); Hankins [v. Hankins], 866 So. 2d [508,] 511 (¶16) (Miss.

77
Rhodes v. Rhodesgreen
missctapp · 2011 · cited in 4 Mississippi opinions naming this issue, 2013–2023
2 sentences

2023“Property that was once separate may convert to marital property under the family-use doctrine.” Rhodes, 52 So. 3d at 438 (¶25).

2017Rhodes v. Rhodes , 52 So.3d 430 , 438 (¶ 25) (Miss.

34
Faerber v. Faerbergreen
missctapp · 2009 · cited in 3 Mississippi opinions naming this issue, 2023–2026
2 sentences

2026Further, we stated, “According to the [S]upreme [C]ourt, the family-use doctrine will almost always convert a separately owned ‘marital’ home to marital property.” Id. (citing Faerber v. Faerber, 13 So. 3d 853, 861 (¶29) (Miss.

2024We have also stated that “the family-use doctrine will almost always convert a separately owned ‘marital’ home to marital property.” Faerber v. Faerber, 13 So. 3d 853, 861 (¶28) (Miss. Ct. App. 2009). ¶67.

33
Boutwell v. Boutwellgreen
miss · 2002 · cited in 3 Mississippi opinions naming this issue, 2010–2023
2 sentences

2023See, e.g., Stewart v. Stewart, 864 So. 2d 934, 938 (¶13) (Miss. 2003) (family-use doctrine converted family home to marital property); Boutwell v. Boutwell, 829 So. 2d 1216, 1221 (¶17-23) (Miss. 2002) (same); Hankins [v. Hankins], 866 So. 2d [508,] 511 (¶16) (Miss.

2013See Boutwell v. Boutwell, 829 So.2d 1216, 1221 (¶ 19) (Miss.2002).

33
McKissack v. McKissackgreen
missctapp · 2010 · cited in 2 Mississippi opinions naming this issue, 2011–2021
2 sentences

2021McKissack v. McKissack, 45 So. 3d 716, 720 (¶22) (Miss.

2011McKissack, 45 So.3d at 720-21 (¶¶ 19-25).

22
Lockert v. Lockertgreen
missctapp · 2002 · cited in 2 Mississippi opinions naming this issue, 2009–2010
2 sentences

2010See, e.g., id. at 938 (¶ 13) (affirming the chancellor’s finding that the family residence and the personal property used in the residence was subject to familial use and lost its character as separate property); Boutwell, 829 So.2d at 1221 (¶ 21); Hankins v. Hankins, 866 So.2d 508, 511 (¶ 16) (Miss.Ct.App.2004) (holding that the “long-term family use of the property converted the residential house and lot into marital property”); Lockert v. Lockert, 815 So.2d 1267, 1269 (¶ 10) (Miss.Ct.App.2002). ¶ 19.

2009See Lockert, 815 So.2d at 1269 (¶¶ 7-8).

22
Garriga v. Garrigagreen
missctapp · 2000 · cited in 2 Mississippi opinions naming this issue, 2007–2009
2 sentences

2009See Garriga v. Garriga, 770 So.2d 978, 984 (Miss.Ct.App.2000) (funds used by a spouse to pursue an extramarital relationship were waste, requiring reimbursement to the marital estate).

2009See Garriga v. Garriga, 770 So.2d 978, 984 (Miss.Ct.App.2000) (funds used by a spouse to pursue an extramarital relationship were waste, requiring reimbursement to the marital estate).

22
Tiffany Ellen Turpin Davidson v. Timothy Charles Davidsongreen
missctapp · 2023 · cited in 1 Mississippi opinions naming this issue, 2026–2026
2 sentences

2026Further, we stated, “According to the [S]upreme [C]ourt, the family-use doctrine will almost always convert a separately owned ‘marital’ home to marital property.” Id. (citing Faerber v. Faerber, 13 So. 3d 853, 861 (¶29) (Miss.

2026We disagreed, pointing out that “[p]roperty that was once separate may convert to marital property under the family-use doctrine.” Id. at 613 (¶17).

11
Johnson v. Johnsongreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2013–2013
2 sentences

2013See Stewart, 864 So.2d at 937 (¶ 12) (“Separate property that has been ‘commingled with the joint marital estate’ ... becomes marital property subject to equitable distribution.” (quoting Johnson, 650 So.2d at 1286 )); see also Rhodes, 52 So.3d at 438 (¶ 26) (discussing family-use doctrine).

2013See Stewart v. Stewart, 864 So.2d 934, 937 (¶ 12) (Miss.2003) (“Separate property that has been ‘commingled with the joint marital estate’ also becomes marital property subject to equitable distribution.” (quoting Johnson v. Johnson, 650 So.2d 1281, 1286 (Miss.1994))); see also Rhodes v. Rhodes, 52 So.3d 430, 438 (¶ 26) (Miss.Ct.App.2011) (discussing family-use doctrine).

11
Larue v. Laruegreen
missctapp · 2007 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011Larue, 969 So.2d at 104 (¶ 11). [2] For example, reasoning that it is untenable to apply the family-use doctrine to cash and cash equivalents, this court held that the proper analysis for that particular type of property is the commingling doctrine.

11
Pittman v. Pittmangreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2010–2010
2 sentences

2010See Pittman, 791 So.2d at 867 (¶ 31) (suggesting that a spouse store property in a place only accessible by the owner spouse in order to keep the asset separate and not subject it to the family-use doctrine).

2010This Court applied the family-use doctrine in Pittman v. Pittman, 791 So.2d 857, 866 (¶ 30) (Miss.Ct.App.2001).

11
Hankins v. Hankinsgreen
missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., id. at 938 (¶ 13) (affirming the chancellor’s finding that the family residence and the personal property used in the residence was subject to familial use and lost its character as separate property); Boutwell, 829 So.2d at 1221 (¶ 21); Hankins v. Hankins, 866 So.2d 508, 511 (¶ 16) (Miss.Ct.App.2004) (holding that the “long-term family use of the property converted the residential house and lot into marital property”); Lockert v. Lockert, 815 So.2d 1267, 1269 (¶ 10) (Miss.Ct.App.2002). ¶ 19.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Carter v. Carter green
missctapp · 2012
1 sentence

2018Therefore, the chancery court found that Frederick's retirement became marital under the family-use doctrine and the appreciation of $810,020.48 was "marital property subject to property division." Although Frederick acknowledges that the couple met with financial advisors several times regarding their retirement accounts, he claims that the accounts were never commingled, which was evidence the couple never intended for the accounts to be considered marital property. ¶ 17. "[P]roperty division 'is committed to the discretion and conscience of the [c]ourt, having in mind all of the equities an

12018–2018
Chamblee v. Chamblee green
miss · 1994
1 sentence

2018Ct. App. 2012) (quoting Chamblee v. Chamblee , 637 So.2d 850 , 864 (Miss. 1994) ).

12018–2018
Carney v. Carney green
missctapp · 2012
2 sentences

2016Id. at 457 .

2016Id. at 457 .

12016–2016

Statutes the citing opinions construe

MS § Miss. Code Ann. § 43-19-101 (4) MS § Miss. Code Ann. § 43-19-103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 15 (2007–2026) PA 3 (1948–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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